Sajurnia A. Harris v. Department of Health and Human Services

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SAJURNIA A. HARRIS,
Petitioner
v.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES,
Respondent
______________________
2024-2255
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-19-0252-I-1.
______________________
ON MOTION
______________________
Before REYNA, L INN, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Sajurnia A. Harris petitions for review of the final de-
cision of the Merit Systems Protection Board affirming her
removal in which she raised affirmative defenses of gender
and disability discrimination. Ms. Harris now moves to
proceed in forma pauperis. The Department of Health and
Case: 24-2255 Document: 8 Page: 1 Filed: 12/11/2024

-- 1 of 2 --

HARRIS v. HHS 2
Human Services (“HHS”) moves to transfer this appeal to
the United States District Court for the District of Colum-
bia, or alternatively, to dismiss for lack of jurisdiction.
HHS notes that Ms. Harris previously sought this court’s
review of the initial decision in her case and this court
transferred to district court because Ms. Harris continued
to pursue her discrimination claims. That matter remains
pending. Harris v. Dep’t of Health & Hum. Servs., No. 1:21-
cv-03401-APM (D.D.C.).
Federal district courts, not this court, have jurisdiction
over “[c]ases of discrimination subject to the provisions of
[5 U.S.C. §] 7702,” 5 U.S.C. § 7703(b)(2), involving an alle-
gation of an action appealable to the Board and an allega-
tion that a basis for the action was covered discrimination,
§ 7702; Perry v. Merit Sys. Prot. Bd., 582 U.S. 420, 437
(2017). Because Ms. Harris pursued discrimination claims
before the Board and continues to do so, we deem it the
better course to transfer to the United States District Court
for the District of Columbia, where Ms. Harris’s related ac-
tion is pending and where the employment action appears
to have occurred. See 28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
HHS’s motion is granted to the extent this matter and
all case filings are transferred to the United States District
Court for the District of Columbia pursuant to 28 U.S.C.
§ 1631.
December 11, 2024
Date
F OR THE COURT
Case: 24-2255 Document: 8 Page: 2 Filed: 12/11/2024

-- 2 of 2 --